FGM sentencing

R v A2; R v Magennis; R v Vaziri (No. 24) [2016] NSWSC 737 is a sentencing decision addressing possible home detention for female genital mutilation, said to be the first decision under which a person has been imprisoned for that offence.

Two of the offenders were assessed as suitable for home detention: [90], [95].

The third offender, a former religious leader, was charged as an accessory after the fact to a serious indictable offence. He had pleaded not guilty at the trial and had not later provided evidence that he has accepted responsibility for his actions, nor had he acknowledged any injury caused by his actions: [108]. The sentencing judge concluded at [113]:

The gravity of the Offender Vaziri’s offences, taken with the other sentencing factors which operate against him, lead me to conclude that use of the substantially less onerous measure of home detention would be wrong in his case.

The sentence imposed on the third offender was an aggregate term of imprisonment for 15 months with a non-parole period of 11 months.



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